After the holidays, our Law Firm typically receives an increase in telephone calls and emails from adult children who want to “change” Mom’s estate plan. The adult child doesn’t always understand that the “client” (“Mom”) is the ONLY one who can make such changes, and NEVER another person or family member. Also, the client (“Mom”) should contact the Attorney, and all direction to the Attorney regarding the changes can ONLY come from the client.
Undue influence and elder exploitation is rampant. Unfortunately, it is not uncommon for caregivers, relatives, and others to prey upon elders for financial gain. Cognitive decline, social isolation, failing health, and dependance on others can make elders susceptible to abuse, and “undue influence”.
The overburdened Court system is well aware of this growing problem of “undue influence”. Judges routinely see siblings fighting over “changed” estate plans (which benefits one child over the others) after the death of an elderly parent. The arguments are varied, but the siblings often argue that Mom had dementia or was mentally incapable of understanding the change – and the change was orchestrated by the benefiting heir. Or, that the benefiting heir had exercised undue influence to entice Mom to make the changes. Undue influence can be subtle and psychological (“they don’t love you like I do Mom!”), or more direct (“I do everything for you Mom, I deserve more!”).
Even a well-meaning family member can find themselves in hot water. If a parent, friend or family member needs an estate plan update or change – they need to initiate the call with the Attorney, direct the Attorney, be mentally competent, and free from outside influence.
For an appointment, please contact the McNamara Law Firm at (661) 287-3260, or visit www.theMcNamaraLawFirm.com.